The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1887-01-08
TRIAL BY JURY.
Asystem Which Is Derived from the Instl'
buttons of Ancient Greece.

ASyBtem Which Is Derived from the Instf
buttons of Ancient Greece.
It is generally understood that the
form of trial by jury is derived from
the institutions of the Greeks and
Romans. In the ancient city of Athens
a number of freemen of the city were
appointed, usually several thousands,
from whom were selected by lot GER
tain number for every case to be tried
at law, to hear and determine the
questions that might arise in the case,
under the direction of a presiding
magistrate. In Rome a similar system
was adopted. There, the comp lainant
in the case came before the pr@tor and
stated his grievances; the defendant
made reply, and the pretor then re-
tsrred the case to the JUDGES to deter
mine the facts. No specific number of
these judices was required. The Ro-
mans always introduced their laws and
institutions into all of their provinces,
and there is evidence that their mode
of judicial procedure was established
among the Britons. The SaXons had
another form, called the trial by COM
purgation. In this each party to
suit appeared with certain of his
friends, and they swore with him to
the Justice of his case. Usually the
number of compurgators was six on each
side, and it is supposed that the num-
Der of the jury was thus fixed at twelve.
But the Normans had form of trial by
jury, so much more like that of modern
times than any legal usage of the Sax
| hot 70 n
of the institution as found in England
| to the establishment of Norman law
there by William the Conqueror. That
the Saxon trial by compurgation was
in measure grated upon the Norman
usage is shown by the fact that Jurors
were originally chosen from those who
had personal knowledge of case, and
they rendered their verdict according
to their personal knowledge. Wit
nesses were first brought in TO aid the
jury during the reign of Edward III.
But not until the reign of Queen Anne
was it distinctly provided by her that
those who had evidence to give must
be sworn as witnesses and could moi
serve as jurors. From England the
form of trial by jury was brought tC
this country by the colonists and cher.
ished as one of their most valued insti'
tutions. 1t was in general ust during
the colonial period and is protected by
mention in the Federal con stitutior
and in the constitutions of most States
In Scotland the jury seems to have
been established at very eaily date
but it was soon after discontinued il
civil cases. The Scotch jury has al
ways consisted of fifteen, a majority o
whom may render a verdict. The jur,
in civil cases was reintroduced into thu
country in the time of George Ill
Nine of the twelve jurors may then rem
der a verdict, and if the ma
jority can not agree upon
verdict within six hours the,
are discharged. In Ireland the jur.
is substantially the same as in England
but the repression-of-crime bill passet
in 1882 provided for the trial of certain
cases without iuries. In France tria
by jury in all criminal cases was estah
lished in 1890, but now a jury is no
! granted except in cases of felony.
majority of the jurors can render vel
dict. There is no grand jury, an
civil cases are not tried before a jur
at all. In Germany trial by jury j
criminal cases was introduced early i
: the century. 1t was established j
Prussia in 1919, and again by the cor
| stitution of 1848, but political olfense
e were withdrawn from its operation j
: 1851. The system was also adopte
by Bavaria and Hesse in 1848, b
l Wurtemburg and Baden in 1849, and b
Austria in 1850. In Belgium the jur
l system has existed since the countr
s separated from Holland, and include
y political offenses and those of the pres
e In Switzerland all crimes against I'll
a confederation are to be tried by jur,
n and for other crimes each canton h;
: its own machinery, the jury being
use for criminal cases in some of then
n The jury system. has, of course, bee
y established in all the colonies of Gre
: Britain. 1t is also in use i'll the Sont
g American republics. 1t was intr
II duced into Greece in 1884, and was e
l. tablished in Portugal in 1897 1t HI
Q also been introduced in recent tim
!; into Italy, into Brazil, and finally in
d Russia, where the first trial by ju
n was held August 8, 1886, and in ea'
n of these last named countries verdi
o can be rendered by the majority.
y countries where trial by jury does n
o exist, the Judge both decides the ca
r and awards the punishment ChicG
l. Inter Ocean.